Lakshmi v. The Principal Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P(MD)No.1728 of 2016 Lakshmi : Petitioner Vs.

1.The Principal Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort.St.George, Secretariat, Chennai - 600 009.

2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Sivagangai District, Sivagangai.

3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Habeas Corpus, to call for the entire records, connected with the detention order of the second respondent in Cr.M.P.No.36/Goonda/2016, dated 20.12.2016 and quash the same and direct the respondents to produce the detenu, by name, Erulappan, son of Masanam, aged about 24 years, detained in Madurai Central Prison, before this Court and set him at liberty forthwith.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.C.Ramesh Additional Public Prosecutor.

O R D E R

*********** [Order of the Court was made by T.S.SIVAGNANAM, J.] The petitioner is the mother of the detenu - Erulappan, son of Masanam, aged about 24 years. The detenu has been detained by the second respondent by his order in Cr.M.P.No.36/Goonda/2016, dated 20.12.2016, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. The detenu has come to adverse notices in respect of two cases, namely, Crime No.89 of 2014, on the file of Vembathur Police Station, for the offences punishable under Sections 147, 148, 452, 506(ii) IPC Section 3(i)(s)(r) SC/ST Act & 3 of TNPPDL Act and Crime No.90 of 2014, under Sections 147, 148, 506(ii), 109 https://hcservices.ecourts.gov.in/hcservices/

IPC and 3 of TNPPDL Act. The petitioner challenges the impugned order of detention on two grounds. Firstly, there is an inordinate delay from the date on which the detenu was arrested and the date on which the detention order was passed. Secondly, there is a delay of four days in considering the representation of the petitioner.

3.We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records produced by the Detaining Authority.

4. The materials on record would show that the detenu was arrested on 18.11.2016 and the order of detention was passed on 20.12.2016. This delay of 31 days remains unexplained, which would vitiate the order of detention. Furthermore, we find that there is a delay of four days in considering the representation of the petitioner, which has also not been explained.

5. For the reasons stated above, the impugned order of detention is liable to be quashed. Accordingly, the Habeas Corpus Petition is allowed and the Detention Order, passed by the second respondent, in his proceedings in Cr.M.P.No.36/Goonda/2016, dated 20.12.2016, is quashed. The detenu, namely, Erulappan, son of Masanam, aged about 24 years, is ordered to be set at liberty forthwith, if he is not required for detention in connection with any other case.

sd /- ASSISTANT REGISTRAR(CS-I) /TRUE COPY/ SUB ASSISTANT REGISTRAR To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort.St.George, Secretariat, Chennai - 600 009. 2.The District Collector and District Magistrate, Office of the District Collector and District Magistrate, Sivagangai District, Sivagangai.

3.The Superintendent of Prison, Madurai Central Prison, Madurai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5.The Joint Secretary to Government, Public (Law & Order), Fort.St.George, Chennai - 600 009.

NB MAS/JC/SAR2:15.06.2017:2P-6C ORDER MADE IN H.C.P(MD)No.1728 of 2016 Dated:06.06.2017 https://hcservices.ecourts.gov.in/hcservices/